TERMS AND CONDITIONS These Terms and Conditions (“Terms”) govern your use of our online tutoring platform https://www.britaintutors.com/ (“Website”) and apply to all users, (“Users”, “you”, “your”). By visiting our site Britain Brainy Tutors (“Company”, “We”, “Us” ,”Our”) and engaging with our Services you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms” “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new services or features which are added shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 1.Intellectual Property Rights a) All content available on or through the Platform—including but not limited to text, graphics, logos, images, videos, audio, software, design elements, layout, and proprietary databases ("Platform Content") is the sole property of Britain Brainy Tutors or its designated content suppliers. This content is protected by international copyright laws, trademark statutes, and other intellectual property rights. Users acknowledge that all Platform Content is subject to copyright, trademark, and other intellectual property laws. Unauthorized modification, reproduction, distribution, transmission, display, performance, or use of any Platform Content, whether in whole or in part, is strictly prohibited unless expressly authorized by Britain Brainy Tutors in writing. In cases where third-party content is integrated or displayed within the Platform, such content remains the property of its respective owner, and its use is subject to any applicable third- party terms. Britain Brainy Tutors does not grant any rights beyond those explicitly stated herein. b) License to Use Platform Content: By accessing or using the Platform, Users are granted a limited, non-exclusive, non-transferable, revocable license to view, download (for caching purposes only), and use the Platform Content solely for personal, non- commercial purposes. This license does not include any right to modify, copy, create derivative works, publicly display, or distribute any Platform Content, except as explicitly permitted by these Terms or by separate written permission from Britain Brainy Tutors. Users are expressly prohibited from engaging in any activities that may undermine the intellectual property rights of Britain Brainy Tutors or its content suppliers. This includes, but is not limited to, unauthorized duplication, reverse engineering, decompiling, or disassembling any software or source code associated with the Platform. Britain Brainy Tutors reserves the right to revoke or modify this license at any time if a User is found to be in violation of these Terms or any applicable laws. In the event of revocation, Users must immediately cease all use of the Platform Content and any copies thereof. c) User-Generated Content: Users may submit comments, reviews, forum posts, or other content ("User-Generated Content") to the Platform. By submitting such content, you grant Britain Brainy Tutors a perpetual, irrevocable, non-exclusive, worldwide, royalty- free license to use, reproduce, modify, adapt, publish, translate, distribute, and display this content in any media. While Users retain ownership of their User-Generated Content, they acknowledge that the rights granted to Britain Brainy Tutors are necessary for the operation and promotion of the Platform. Users are solely responsible for ensuring that their submissions do not infringe on the rights of any third party. d) Enforcement and Infringement: Britain Brainy Tutors reserves the right to monitor, review, and remove any content that is believed to infringe upon intellectual property rights or violates these Terms. Any such actions shall be at the sole discretion of our company. In the event that you believe any Platform Content or Tutor Materials infringe on your intellectual property rights, please contact us with a detailed description of the alleged infringement. We will review all claims and take appropriate action in accordance with applicable law. 2. Disclaimer of Warranties Certain materials within the Website particularly those pertaining to guidance on administrative service preparations—may include subjective opinions and individual perspectives. The Company explicitly disclaims any liability for such opinions or for any claims, disputes, or consequences arising from their interpretation, reliance, or application. Furthermore, the Company provides no warranties, express or implied, nor does it make any representations regarding the accuracy, reliability, completeness, or sufficiency of the information and data presented. Users acknowledge that such content is provided on an "as-is" basis and should exercise their own judgment when relying on it. Any material or data you download or acquire through our platform is done at your own risk. You acknowledge and agree that you are solely responsible for any damage to your computer system or loss of data that may result from such downloads or usage. No oral or written communication from us, or anything available through the platform, shall create a warranty or an obligation beyond what is explicitly stated in this disclaimer. This disclaimer is intended to benefit not only our users but also our affiliates, partners, employees, and other related stakeholders. 3. Limitation of liability The Company shall not be liable for any indirect, incidental, or consequential damages arising from the use of our Services. Britain Brainy Tutors provides its Platform, Services, and all associated content on an “as is” and “as available” basis. We expressly disclaim any and all warranties, whether express, implied, statutory, or otherwise, including without limitation any non-infringement. Your use of the Platform is at your sole risk. In no event shall Britain Brainy Tutors or its affiliates, partners, employees, or agents be liable for any failure to meet your expectations in relation to the quality, performance, or results derived from the Services. While Britain Brainy Tutors endeavors to provide uninterrupted and secure access to the Platform, we do not guarantee that access will be available on a continuous, error-free, or secure basis. The Platform may be subject to scheduled maintenance, emergency repairs, or unanticipated technical difficulties. Under no circumstances will Britain Brainy Tutors be held liable for any losses, damages, or inconveniences resulting from service interruptions, outages, latency, or other technical failures. Although we implement industry-standard measures to monitor and secure the Platform, any delay or disruption in service may impact your access to scheduled sessions or communications. You acknowledge and accept that temporary interruptions or delays in access shall not entitle you to any form of compensation or remedy. In the event that any claim arises out of your use of the Platform or Services, your exclusive remedy shall be limited to the cessation of the problematic activity and, if applicable, a refund of the fees paid for the affected service. Under no circumstances will Britain Brainy Tutors be required to provide additional compensation or any other form of remedy. The rights and remedies provided herein are cumulative and are in addition to any other rights or remedies available at law or in equity. However, the limitations set forth in this Section shall apply notwithstanding any other provision in these Terms. Should any portion of this limitation of liability provision be found unenforceable under applicable law, such provision shall be severed and the remaining provisions shall continue in full force and effect. The enforceability of these limitations shall not be affected by the fact that a claim might exceed any statutory caps on liability. By using the Platform and engaging in tutoring sessions, you expressly acknowledge and agree that the limitations, exclusions, and disclaimers set forth in this Section form an essential part of the bargain between you and Britain Brainy Tutors. You further agree that you assume all risks associated with any interruptions, inaccuracies, or performance issues that may occur during your use of the Platform. 4. Indemnification You hereby agree to fully indemnify, defend, and hold the Company, its affiliates, and their respective employees, and other representatives harmless from any and all claims, liabilities, damages, losses, costs, and expenses including, without limitation, reasonable attorneys’ fees and associated legal costs—that arise directly or indirectly from: (a) any breach or violation by you of this Agreement; (b) your use of this Site, which encompasses without limitation any act of transmission or the submission and posting of any information, data, or other material by you on this Site; and (c) any claim, allegation, or proceeding asserting that any material or information you submit infringes, misappropriates, or otherwise violates any third party’s intellectual property rights, proprietary rights, or privacy rights. 5. Third Party links Third-Party Content and Integration: The Platform may include content or services provided by third parties. Any such third-party content is governed by the terms and conditions of the respective provider. Britain Brainy Tutors is not responsible for any third-party content and does not endorse any third-party products or services. Users who choose to access third-party content through links or integrations on the Platform do so at their own risk. Any interactions with third- party services are subject to the terms of use and privacy policies of those third parties. 6. User Eligibility Only individuals who possess the legal capacity to enter into contracts shall be permitted to register for and access the platform along with all associated services. Individuals who are minors or who have been declared insolvent, among other disqualifications, are not eligible for registration. In cases where a minor seeks to use our services, such use must be facilitated by a legal guardian or parent, and it is presumed that such guardian or parent has granted consent. The Company disclaims any responsibility for consequences that might arise from misuse, including instances where a minor register for the services. By accessing the products or services, you affirm that all information provided is accurate and complete, and in the case of minors, that the requisite parental or guardian consent has been obtained. The Company retains the right to terminate your subscription or deny access to the services if it is determined that you are under the age of 18 without the necessary consent, or if any provided information is found to be inaccurate. It is solely your responsibility to ensure that you meet these eligibility requirements, and any person under the age of 18 must secure parental or guardian approval before submitting personal information. 7. Site Modification We endeavor to ensure that the Site remains accessible at all times; however, there may be instances where it becomes necessary to temporarily or permanently curtail, modify, or cease access to the entire Site or certain components thereof without prior notification. Consequently, we assume no liability for any damages or losses you might incur due to such actions. 8. Prohibited Use In addition to the other restrictions outlined in our Terms of Service, you must not utilize the site or its content for any of the following purposes: (a) engaging in any illegal activity; (b) encouraging or inciting others to commit or partake in any illegal actions; (c) breaching any applicable international, federal, state, provincial, or local laws, regulations, or ordinances; (d) infringing upon our intellectual property rights or those of any third party; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against any individual based on attributes such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or deceptive information; (g) transmitting viruses or any other malicious software that could impair the functionality or performance of the Service, related websites, or the Internet at large; (h) collecting or monitoring personal data of other individuals; (i) engaging in practices such as spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) pursuing any objectives that are considered obscene or immoral; or (k) disrupting or bypassing the security measures implemented on the Service or any affiliated websites, as well as other websites on the Internet. We reserve the right to terminate your access to the Service or any related websites should you engage in any of these prohibited activities. 9. Severability In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 10. Waiver Unless expressly stated otherwise within this agreement, the omission or delay in exercising any right or enforcing any obligation under these Terms shall not be construed as a forfeiture of such right or a relinquishment of the authority to demand performance at a later stage. Furthermore, any waiver granted in response to a specific breach shall not be interpreted as a precedent or implied consent for any future breaches of a similar or different nature. 11. User Account and Security As a registered user, you acknowledge and accept full responsibility for ensuring that the information associated with your account remains accurate, complete, and current at all times. Any misrepresentation, omission, or failure to update your details may hinder your access to our services, and you assume full liability for any resulting consequences. Your account serves as your gateway to our platform, and as such, its security is paramount. You are solely responsible for maintaining the confidentiality of your login credentials, including passwords and other authentication details. Any action undertaken through your account, whether authorized or unauthorized, shall be attributed to you. To mitigate security risks, you agree to: exercise due diligence in safeguarding your login information, log out at the end of each session to prevent unauthorized access, promptly report any suspected breach, unauthorized usage, or security threats to the Company. In circumstances where we detect or have reasonable grounds to suspect a compromise to your account’s security, we reserve the absolute right, at our sole discretion, to implement corrective measures, which may include, but are not limited to: Requesting an immediate password reset, temporarily suspending or permanently disabling your account, deploying additional security protocols to safeguard platform integrity. The Company shall bear no liability for any inconvenience, loss of access, or disruptions arising from such security interventions, as they are instituted in the interest of user protection and platform security. Your ability to access and utilize our platform is subject to variables beyond our control, including but not limited to internet connectivity, third-party service providers, and network reliability. While we endeavor to maintain seamless accessibility, we do not guarantee uninterrupted service. Consequently, we disclaim any liability for disruptions, downtime, or technical failures that may impede your access. You acknowledge that these external factors are inherent to digital platforms, and the Company shall not be held responsible for any resulting inconvenience or loss. 12. Termination and Account Cancellation The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 13. Governing Laws Unless otherwise required by applicable law, this Agreement, along with the resolution of any disputes arising from or related to this Agreement, the website, or any non-contractual obligations connected to this Agreement, shall be governed by and interpreted in accordance with the laws of Kenya. This applies irrespective of any principles regarding conflicts of law and regardless of the user’s location. Any disputes between you and us that arise from or are related to this Agreement or the use of the website shall fall under the exclusive jurisdiction of the courts of Kenya. By agreeing to these terms, you waive any objections related to jurisdiction, venue, or the inconvenience of legal proceedings within these courts. 14. DISCLAIMER THIS WEBSITE, ALONG WITH ITS ASSOCIATED SERVICES, IS MADE AVAILABLE ON AN "AS-IS" BASIS, INCLUSIVE OF ANY EXISTING DEFECTS, AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, AND CONDITIONS, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OWNERSHIP, ACCURACY, RELIABILITY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM OR RELATED TO THE USE, OPERATION, OR INABILITY TO USE THIS WEBSITE, ITS APPLICATION, OR ANY ASSOCIATED SERVICES. ANY RELIANCE PLACED ON THE INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH THIS PLATFORM IS ENTIRELY AT THE USER'S OWN RISK. IT IS THE SOLE RESPONSIBILITY OF THE USER TO DETERMINE WHETHER THE SERVICES OFFERED ALIGN WITH THEIR SPECIFIC NEEDS AND REQUIREMENTS, AND THE COMPANY SHALL BEAR NO LIABILITY FOR ANY DISCREPANCIES, INADEQUACIES, OR LOSSES RESULTING FROM SUCH USE. 15. Right to make changes We reserve the right to modify, update, or amend this Agreement at any time, at our sole discretion. Such modifications will be implemented by posting an updated version of these Terms of Use on the Site, with a clearly indicated effective date for the changes. By continuing to access or use the Site after any modifications have been posted, you acknowledge and agree to be bound by the revised terms. We encourage you to regularly review this Agreement to stay informed of any updates, as your continued use of the Site will be considered your acceptance of the modified terms. 16. Feedback If you choose to submit feedback, including comments, recommendations, or proposals for improvements related to the Site or Services (collectively referred to as "Feedback"), you may do so by reaching out to us via email at info@britaintutors.com. By voluntarily providing Feedback, you acknowledge and expressly consent to granting us a non-exclusive, worldwide, perpetual, and irrevocable right to utilize, reproduce, modify, adapt, create derivative works from, distribute, and otherwise exploit the Feedback in any manner and for any purpose, without any obligation of compensation, acknowledgment, or restriction, to the fullest extent permitted by applicable law. Furthermore, you affirm that you possess the necessary rights, authority, and permissions to provide such Feedback and to grant the aforementioned rights without infringing upon any third-party intellectual property or proprietary interests. 17. General Terms The Company will communicate important notices through email linked to your account or via general announcements on the platform. If you need to reach the Company for official notices, please direct them to info@britaintutors.com These Terms, in conjunction with the Privacy Policy and any relevant guidelines introduced periodically, represent the complete agreement between you and the Company concerning your access to and use of the platform, website, and services. Your rights and responsibilities under these Terms are non-transferable to any third party. However, the Company retains the right to assign or transfer its rights and obligations under these Terms to any third party at its discretion, without requiring your approval. 18. Contact Us If you have any questions about these Terms and Conditions, You can contact us: Email: info@britaintutors.com